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HomeMy WebLinkAbout2093 FDOT Subordination AgrmtCITNY OF AFORD �bq FLORIDA CITY MANAGER'S OFFICE TRANSMITTAL MEMORANDUM To: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Ordinance ❑ Resolution ® FDOT Subordination ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) Once completed, please: /1 Return original Return copy Special Instructions: Per Bill Marcous & Richard Blake please see attached to have originals sent for Safe Keeping. Please advise if you have any questions regarding the above. Thank you! —A,�� From Date Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2019065298 Book:9377 Page:672-673; (2 PAGES) RCD: 6/19/2019 3:06:16 PM REC FEE $18.50 UTL05-09/01 May 18, 2018 This instrument prepared by Marika Tremblay Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard Deland, Florida 32720-6834 PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 STATE ROAD 15/600 COUNTY SEMINOLE ON MOTION of Commissioner by Commissioner Pw� k0c Resolution was adopted: TPX r T F. 0 Please Return To: Fla. Department of Transportation 719 South Woodland Boulevard R/W Records Mgmt, MS 551 Deland, FL 32720-6834 Attn: M. Yeeloy-Sanderson RESOLUTION 0 ,seconded the following WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 15/600, Section No. 77010, F.P. No. 436679 1, in Seminole County, Florida: and WHEREAS, it is necessary that certain easement rights now owned by the City of Sanford, Florida, be subordinate to the rights of the State of Florida Department of Transportation: and WHEREAS, said subordination is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Sanford, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in Deland, Florida, should be drawn and executed by jUnir JfW 1r1. itij , on behalf of this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 719 South Woodland Blvd., Deland, Florida, 32720-6834. Book 9377 Page 673 Instrument# 2019065298 PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 PAGE 2 STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Sanford, Florida, at a meeting held on the t 'W day of . on 4--bwhiv\, Nk , NO, RV �I Clerk, Board of City Commi ioners City of Sanfoj; >� a ACQUISITION OF THIS LAND I.5 NECESSARY FOR RW PUR&OSES UWb?ER THREAT OF 00-,0E1AW.Kf1 3r PURSUANT TO SEC. 33%. 2, F.'. (Y -"j ..:�- _T__ UTL05-09/01 May 18, 2018 This instrument prepared by Marika Tremblay Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6834 PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 STATE ROAD 15/600 COUNTY SEMINOLE RESOLUTION ON MOTION of Commissioner by Commissioner �-t'�' t- Lc Resolution was adopted: `1 ,seconded the following WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 15/60.0, Section No. 77010, F.P. No. 436679 1, in Seminole County, Florida: and WHEREAS, it is necessary that certain easement rights now owned by the City of Sanford, Florida, be subordinate to the rights of the State of Florida Department of Transportation: and WHEREAS, said subordination is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Sanford, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in DeLand, Florida, should be drawn and executed by iMi r liw Iriyi i on behalf of this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 719 South Woodland Blvd., DeLand, Florida, 32720-6834. PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 PAGE 2 STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Sanford, Florida, at a meeting held on the day of k %a rj 0)umu.1\/\, e.-+,,, 0b rk' , AFT H Clerk, Board of City Commis§ioners City of Sanfor J.4 oil �� PST. l� Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL List#2019065297 Book:9377 Page:666-671; (6 PAGES) RCD: 6/19/2019 3:06:15 PM ,SEC FEE $52.50 23-UTL04-10/11 May 18, 2018 This instrument prepared by Marika Tremblay Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard Deland, Florida 32720-6834 PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 STATE ROAD 15/600 COUNTY SEMINOLE T -X;=MPT Ax E . F.S. 337.27 Please RetUM Te; Fla. Department of Transportation 719 South Woodland Boulevard RNV Records Mgmt, MS 551 Deland, FL 32720.683son Attn: M. Yeeloy SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this 11(op_ day ofl4dE by and between the STATE OF FLORIDA DEPARTMENT OF TRANS RTATION, hereinafter called the F.D.O.T., and City of Sanford, a Florida municipal corporation, hereinafter called City. WITNESSETH: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the F.D.O.T.; and WHEREAS, the F.D.O.T. is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and F.D.O.T. agree as follows: City hereby subordinates to the interest of F.D.O.T., its successors, or assigns, any and all of its interest in the lands as follows, viz: PARCEL NO. 103 That part of: "PARCEL 1 SECTION 77010 F.P. NO. 436679-1 23-UTL04-10/11 May 18, 2018 This instrument prepared by Marika Tremblay Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6834 TAX EXEMPT F.S. 337.27 PARCEL NO. 103.4 Please Return TO: SECTION 77010 Fla, Department Qt'rraj`'spQrtation Boulevard F.P. NO. 436679 1 719 South WQadland R/W Records Mgmt, MS 551 STATE ROAD 15/600 DeLand, FL 32720-6834 COUNTY SEMINOLE Attn: M. Yeeloy-Sanderson SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANS RTATION, hereinaftercalled the F.D.O.T., and City of Sanford, a Florida municipal corporation, hereinafter called City. WITNESSETH: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the F.D.O.T.; and WHEREAS, the F.D.O.T. is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and F.D.O.T. agree as follows: City hereby subordinates to the interest of F.D.O.T., its successors, or assigns, any and all of its interest in the lands as follows, viz: PARCEL NO. 103 That part of: "PARCEL 1 SECTION 77010 F.P. NO. 436679-1 PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 PAGE 2 LOTS 34 AND 35, AMENDED PLAT OF DRUID PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 5 AND 6, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS THE EAST 110 FEET OF THE SOUTH 109 FEET OF SAID LOTS 34 AND 35. PARCEL 2 THE WEST 40 FEET OF THE EAST 150 FEET OF LOTS 36 AND 37, AMENDED PLAT OF DRUID PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 5 AND 6, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS RIGHT-OF-WAY FOR AIRPORT BOULEVARD. TOGETHER WITH A PERPETUAL NON-EXCLUSIVE EASEMENT ENCUMBERING THE FOLLOWING DESCRIBED PROPERTY AS SET FORTH IN THE CROSS EASEMENT AGREEMENT AND CONSENT OF LESSEE DATED NOVEMBER 12, 2002 BETWEEN HAR FLORIDA, LLC AND CHILL PROPERTIES, LLC: BEGINNING 150 FEET WEST OF THE NORTHEAST CORNER OF LOT 36, AMENDED PLAT OF DRUID PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 5 AND 6, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE SOUTH 92 FEET TO THE POINT OF BEGINNING, THENCE WEST 32.47 FEET, THENCE SOUTH 20 FEET, THENCE WEST 20 FEET, THENCE SOUTH TO THE RIGHT-OF-WAY FOR AIRPORT BOULEVARD, THENCE EAST 52.47 FEET, THENCE NORTH TO THE POINT OF BEGINNING." (Said property being the same lands as described in Official Records Book 8858, page 478 of the Public Records of Seminole County, Florida.) described as follows: Commence at a 5/8 -inch iron rod and cap stamped "FDOT JWG LB1" marking the northeast corner of the northeast quarter of Section 11, Township 20 South, Range 30 East, Seminole County, Florida, as shown on Florida Department of Transportation Right of Way Map Section 77010, Financial Project No. 436679-1; thence run South 01 °40'37" East along the east line of the northeast quarter of said Section 11 a distance of 774.43 feet to a point on the Centerline of Survey of State Road No. 15-600 as shown on said Right of Way Map; thence departing said east line, run North 24°45'41" East along said Centerline of Survey a distance of 163.11 feet to a point on the westerly projection of the existing northerly Right of Way line of Airport Boulevard as shown on said Right of Way Map; thence departing said Centerline of Survey, run North 89021'09" East along said westerly projection a distance of 55.35 feet to a point on the existing easterly Right of Way line of State Road No. 15-600 as shown on said Right of Way Map; thence run North PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 PAGE 3 89021'09" East along said existing easterly Right of Way line a distance of 22.14 feet; thence run North 24°45'41" East, continuing along said existing easterly Right of Way line, a distance of 15.92 feet to a point on the existing northerly Right of Way line of Airport Boulevard as shown on said Right of Way Map; thence departing said existing easterly Right of Way line, run South 65°16'23" East along said existing northerly Right of Way line a distance of 33.56 feet; thence run North 89°21'09" East, continuing along said existing northerly Right of Way line, a distance of 285.05 feet to a point on the west line of the west 40 feet of the east 150 feet of Lots 36 and 37, AMENDED PLAT DRUID PARK as recorded in Plat Book 7, pages 5 through 6 of the Public Records of Seminole County, Florida as shown on said Right of Way Map for a Point of Beginning; thence departing said existing northerly Right of Way line, run North 00°00'42" East along said west line a distance of 13.30 feet; thence departing said west line, run North 89°21'09" East parallel with said existing northerly Right of Way line a distance of 40.01 feet to a point on the west line of the east 110 feet of Lots 34, 35, 36 and 37, of aforesaid AMENDED PLAT DRUID PARK as recorded in Plat Book 7, pages 5 through 6 of the Public Records of Seminole County, Florida as shown on said Right of Way Map; thence run South 00°19'51" West along said west line a distance of 13.30 feet to a point on said existing northerly Right of Way line; thence departing said west line, run South 89021'09" West along said existing northerly Right of Way line a distance of 39.94 feet to the Point of Beginning. Containing 532 square feet, more or less. This legal description prepared under the direction of: John F. Cheney, PLS Florida Registered Surveyor and Mapper No. 4286 Florida Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720 Date: May 22, 2018 RECORDED Easement in favor of City of Sanford, a Florida municipal corporation, recorded in ORB 5320, Page 1703; PROVIDED that the City has the following rights.- The ights: The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the F.D.O.T.'s current minimum standards for such facilities as required by the F.D.O.T. Utility Accommodation Manual in effect at the PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 PAGE 4 time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the F.D.O.T. Should the F.D.O.T. fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the F.D.O.T. hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the F.D.O.T.'s facilities. 4. The City agrees to repair any damage caused by the City to F.D.O.T. facilities and to indemnify to the extent permitted under Florida law the F.D.O.T. against any loss or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the day and year first above written. Sind, sealed and delivered in tho presence of witne§se�: SI NATURE LINE �Vomldi mi�w PRINT/TYPE NAME: . SIGITATURELINE C1 PRINT/TYPE NAME: S J STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF YANPORTATION Loreen Bobo, P.E. District Director Of Transportation Development for District Five 719 S. Woodland Blvd. DeLand, Florida 32720 Le view By: Office of the eneral C unsel PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 PAGE 5 COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this (Y day of by Loreen Bobo, P.E., District Director of Transportation Development for District F ve, who is personally known to me or who has produced as identification. PRINTTr7PE 2 •�" " c . • .; Notary public -state Commission>sGG NORMA I. MEJDqmr�— My Comm. Expires Ju NAME: <i2 ed -IX Notary Public in and for the County and State last aforesaid. 7L>2 a/ My Commission Expires: Serial No., if any: IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Chairperson or Vice -Chairperson of said Board, the day and year aforesaid. Signed, sealed and delivered in the presence of: Two witnesses requ71;; orida Law SIGNATURE LINE PRINT/TYPE NAME: T UPROMME .. , ,, .gj 1 CITY OF SANFORD, F ORIDA, By Its Board of City Commissioners , , By: Its Ch6irp4r9"oM Y/ (or Vice- hairpers n) ATTEST: 61M 4W)UY1, MR PT Clerk (or De 11� {C? � /-a F 0V X'111 A0X1U;87T+ON OF THIS LAaND !-3 i%!ZCESSARY FOR `Rir"' Fi.3R''t,: $Eso' ;',P -DER ZT!- RE—F-.RT Of iRSl.iANT TO 5EC. �(.. Z.T. PARCEL NO. 103.4 SECTION 77010 F.P. NO. 4366791 PAGE 6 STATE OF FLORIDA COUNTY OF T�e foregoi_tlg instrument was acknowledged before me this 'M'l day of c 6t ��l `�f , by Chairperson (or Vice -Chairperson), who is personally known to me or who has produced as identification. 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